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Full text of "North Carolina Register v.3 no. 7 (7/1/1988)"

I 



The 



RECEIVED 



JUL 6 1968 



LAW LIBRARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



FINAL DECISION LETTERS 



FH ^ 



COHc 
TIM 



PROPOSED RULES 
Administration 
Agriculture 
Commerce 
Community Colleges 
Licensing Boards 
NRCD 



ISSUE DATE: JULY 1, 1988 



Volume 3 • Issue 7 • Pages 267-294 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North 
Carolina Register is available by yearly subscription at 
a cost of ninety-five dollars ($95.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, trje adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days 
whichever is less. An agency adopting a temporary rul 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) i< 
a compilation and index of the administrative rules o 
25 state agencies and 38 occupational licensing boards 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
ly 35% is changed annually. Compilation and publica 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eacl 
state agency is assigned a separate title which is fur 
ther broken down by chapters. Title 21 is designatec 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimun 
cost of two dollars and 50 cents ($2.50) for 1( 
pages or less, plus fifteen cents ($0.15) per eacl 
additional page. 

(2) The full publication consists of 52 volume 
totaling in excess of 15,000 pages. It is sup 
plemented monthly with replacement pages. I 
one year subscription to the full publication ir 
eluding supplements can be purchased fo 
seven hundred and fifty dollars ($750.00). In 
dividual volumes may also be purchased wit 
supplement service. Renewal subscriptions fo 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NCA( 
should be directed to the Office of Administrativ 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pre 
cedures to be followed. For specific statutory language 
it is suggested that Articles 2 and 5 of Chapter 150B c 
the General Statutes be examined carefully. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issui 
page number and date. 1:1 NCR 101-201, April 1, 198 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 1986 






North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Statutes. 
Subscriptions ninety-five dollars ($95.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
(.p750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, NC 27604 

(919) 733-2678 



Robert A. Mclott, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Mason, 

Assistant Director 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 
Latarsha Roberts, 

Records Clerk 



ISSUE CONTENTS 



FINAL DECISION LETTERS 

Voting Rights Act 267 



II. PROPOSED RULES 
Administration 

Auxiliary Services 270 

Departmental Rules 270 

Agriculture 

Food and Drug Protection 

Division 271 

Commerce 
Alcoholic Beverage 

Control Commission 276 

Community Colleges 

Community Colleges 287 

Licensing Boards 
Board of Cosmetic Art 

Examiners 283 

NRCD 

Environmental Management. ...278 

Coastal Management 281 

Wildlife Resources and 

Water Safety 282 

III. CUMULATE E INDEX 292 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(March 1988 - March 1989) 



Issue 


Last Day 


Last Day 


Farliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


******** 


******** 


******** 


******** 


******** 


03 15/88 


02 24 SS 


03/02, 88 


04 14 SS 


07 0188 


04 04 88 


03 11 SS 


03/18/88 


05 04 88 


08/01 88 


04 15 x\ 


03 25 SS 


04/01/88 


05/15/88 


08.01/88 


05 02 88 


04 1 1 SS 


04/18,88 


06 01 88 


09 01 88 


05,'16/88 


04 27 88 


05 03 SS 


06/15/88 


09 01/88 


06 01 SS 


0510 88 


05/17/88 


07/01/88 


10 01 88 


06/15/88 


05/26 88 


06/02/88 


07 15 SS 


10 01,88 


07/01 SS 


06 10 88 


06/17/88 


07 31 SS 


11 01/88 


07/15 SS 


06 24 SS 


07/01/88 


OS 14 SS 


11 01 88 


OS 01 SS 


07 1 1 SS 


07,18,88 


08/31 88 


12 01 88 


08 15 88 


07 26 SS 


08/02/88 


09 14 SS 


12 01 88 


09 01 88 


OS 11 88 


08/18/88 


10 01 SS 


01 01 S9 


09/15/88 


08/26 88 


09/02, 88 


10 15 SS 


01,01 89 


10 03 88 


04 12 SS 


09/19 88 


1 1 02 SS 


02 01 89 


10 14 88 


09/26'88 


10/03/88 


11/13/88 


02/01 89 


11 01 88 


10 11 SS 


10/18/88 


12 01 SS 


03,0189 


11 1 5 SS 


10 26/88 


1 1 02 88 


12 15 SS 


03/01 '89 


12 01 88 


11/07/88 


11/15/88 


12/31/88 


04/01 89 


12 15 88 


11 23 88 


12 02 88 


01/14/89 


04,01 89 


01 02 89 


12/08/88 


12/15,88 


02/01/89 


05/01 89 


01 16 S9 


12 27 SS 


01/03/89 


02/15 89 


05/01/89 


02 01 S4 


01/10/89 


01/17/89 


03 03 SQ 


06/01/89 


02 15 89 


01 26 89 


02/02/89 


03/17/89 


06 01/89 


03 01 89 


02 OS S9 


02/15,89 


03/3189 


07/01/89 


03/15/89 


02/21/89 


03/02/89 


04/14/89 


07/01/89 



+ 



The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. 120-30.9H, effective July 16, 1986, requires that all tetters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of J 965 be published in the Xorth Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

WBR:MAP:ST:gmh 

DJ 166-012-3 Voting Section 

T7846 P.O. Box 66128 

Washington, D.C. 20035-6128 

June 3, 1988 

Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P.O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Crowell: 

This refers to the procedures for conducting the May 31, 1988, referendum election for the Half 
Moon Fire District in Onslow County, North Carolina, submitted to the Attorney General pursuant 
to Section 5 of the Voting Rights Act of 1965, as amended, 42 L'.S.C. 1973c. We received your sub- 
mission on April 4, 1988. Although we noted your request for expedited consideration, we have been 
unable to respond until now. 

The Attorney General does not interpose any objection to the change in question. However, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



NOR TH CAROLINA REGIS TER 267 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

WBR:MAPJAR:gmh 

DJ 166-012-3 Voting Section 

W0551 P.O. Box 66128 

W0S46-0850 Washington, D.C. 20035-6128 

June 3, 1988 

Michael Crowel], Esq. 

I harrington. Smith &. Hargrove 

P.O. Box 1151 

Raleigh. North Carolina 27602 

Dear Mr. Crowell: 

This refers to the procedures for conducting the September 13, 1988, special primary election and 
the October 4. 19S8, special runoff election and the candidate qualification and runoff request periods 
therefor: the 1988 absentee ballot procedures; and the qualification period for unaffiliated candidates for 
the 19SS general election for the board of commissioners in Onslow County, North Carolina, submitted 
to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended. 42 U.S.C. 
1973c. We received your submission on May 19. 1988. In accordance with your request, expedited 
consideration has been given this submission pursuant to the Procedures for the Administration of 
Section 5 (28 C.F.R. 51.34). 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. In addition, as authorized by Section 5, the Attorney General reserves 
the right to reexamine this submission if additional information that would otherwise require an ob- 
jection comes to his attention during the remainder of the sixty-day review period. See also 28 C.F.R. 
51.41 and 51.43. 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



268 NORTH CAROLINA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



WBR:MAP:TGL:gmh 

DJ 166-012-3 

T7326 



U.S. Department of Justice 
Civil Rights Division 



Voting Section 

P.O. Box 66128 

Washington, D.C. 20035-6128 



June 6, 1988 



Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Crowell: 

This refers to the procedures for conducting the June 21, 1988, bond election for the Southwest 
Creek Water and Sewerage District in Onslow County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We 
received your submission on April 7, 1988. 

The Attorney General does not interpose any objection to the change in question. I Iowever, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



NORTH CAROLINA REGISTER 



269 



PROPOSED RULES 



TITLE I - DEPARTMENT OF 
ADMINISTRATION 



No 



otice is hereby gh-en in accordance with G.S. 
150B-I2 that the Department of Administration 
intends to adopt regulation cited as 1 SCAC IB 
.0702. 

1 he proposed effective date of this action is No- 
vember 1, 1988. 

1 he public hearing will be conducted at 1 1:00 a. 
m. on August 5, 1988 at Policy and Planning 
Conference Room. Administration Building. 5th 
Floor. 116 West Jones Street. Raleigh, Sorth 
Carolina 2~ 603-8003. 



Co 



omment Procedures: Any interested person 
may present his or her views and comments either 
in writing prior to or at the hearing or orally at the 
hearing. Any person may request information, 
permission be be heard or copies of the proposed 
regulations in writing or calling Becky Barbee, 
Department of Administration, 116 West Jones 
Street, Raleigh. Sorth Carolina 2^603-8003, 
(919) ~33-~232. 



CHAPTER 



DEPARTMENTAL RULES 



SUBCHAPTER IB - DEPARTMENTAL ADMIN- 
ISTRATIVE PROCEDURES 

SECTION .0700 - ADMINISTRATIVE HEARING 
PROCEDURES 

.0702 ADMINISTRATIVE LAW JUDGE: 
RECOMMENDED DECISION 

When an administrative law judge issues a re- 
commended decision in a contested case involv- 
ing an agency of the Department of 
Administration, the Office of Administrative 
Hearings shall forward the official record in the 
case to the secretary" who shall be responsible for 
the issuance of the agency's final decision or or- 
der unless statutorily provided otherwise. 

Statutory Authority G.S. 150B-34; 150B-36. 

■k-k-k'k-k-klc-k-k-k'k-k'k-k-k-k-k-k 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Department of Administration 
intends to amend regulations cited as 1 SCA C 4G 
.0201, .0211. .0214. .0217, .0218, .0220, .0301, 
.0304 and adopt regulation cited as 1 XCAC 4G 
.0222. 



1 he proposed effective dale of this action is No- 
vember 1, 1988. 

1 he public hearing will be conducted at 10:00 a. 
m. on August 5, 1988 at Policy and Planning 
Conference Room, Administration Building, Fifth 
Floor, 116 West Jones Street, Raleigh, Sorth 
Carolina 27603-8003. 



Co 



omment Procedures: Any interested person 
may present his or her views and comments either 
in writing prior to or at the hearing or orally at the 
hearing. Any person may request information, 
permission to be heard or copies of the proposed 
regulations by writing or calling Becky Barbee, 
Department of Administration, 116 West Jones 
Street, Raleigh, Sorth Carolina 27603-8003, 
(919) 7 3 3- ~ 23 2. 

CHAPTER 4 - AUXILIARY SERVICES 

SUBCHAPTER 4G - SURPLUS PROPERTY 

SECTION .0200 - STATE SURPLUS PROPERTY 

.0207 REQUEST FOR BIDS ON STATE 
SURPLUS PROPERTY 

A free copy of the bid invitation listing state 
surplus property to be sold by sealed bidding is 
available both at the Administration Building in 
downtown Raleigh and at the State Surplus 
Property Warohoui . 0. warehouse. Raleigh. North 
Carolina. Rc - quuoU . f-tH= &4* afe mmlud upon Fe- 
quuot. Annual subscriptions to the bid invitation 
are available through State Surplus Property 
Agency at a price based on the recovery of post- 
age and handling and a portion of the printing 

Statutory? Authority G.S. 143-49. 

.0211 EXECUTION OF BIDS 

The executor of a bid must sign his bid in pen 
or pencil in the space provided on the bid form 
and also print his name below the signature. 
Additionally, the executor must complete in the 
space provided, in pen, pencil, stamp or gummed 
sticker, his full name and or company name, ad- 
dres s, city, state, zip and phone number. 

Statutory Authority G.S. 143-49. 

.0214 STATE DOES NOT GUARANTEE 

The description of the property offered for sale 
is compiled from available information. All 
property is sold "as is" and "where is." h+tf- thoro 
i* b» guaranty t*f warranty, either exprooc . w h«- 
plii'd, «« the part &f the state as te- number. 



270 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



condition »f quality e* &«<■ In addition, the 
property offered for sale or a portion thereof may- 
bo4- bt» withdrawn prior to tke sal<»T is subject to 
withdrawal prior to the bid date. A refund or an 
adjustment will not be made on account of 
property not meeting expectations nor wilJ the 
bidders' failure to inspect prior to the sale be 
grounds for a claim. All property k so44 ^^as ts^ 
aft4 "where is^ a«4 Any cost of weighing, pack- 
aging, crating, loading or hauling property is as- 
sumed by the bidder unless otherwise provided. 

Statutory Authority G.S. 143-49. 

.0217 FAILURE TO PAY 

If the purchaser fails to pay for the property 
within the 11") day period, ten working davs from 
the date of award, the property H*av purchased 
will be promptly resold in such manner as the 
state may elect, and the defaulting purchaser 
charged with a»y loss resulting to the state, if 
am. together with all expense of the sale. If the 
purchaser does not remove the property pur- 
chased within 30 calendar days after the date of 
award, the Division of Auxiliary Services reserves 
the right to retain the purchase price and resell 
the property a second time and retain awy- all 
proceeds therefrom. 

Statutory Authority G.S. 1 43-49. 

.0218 BOND 

The Division of Auxiliary Services reserves the 
right to require any bidder presently or previously 
in default to post a bond prior to bidding or prior 
to a» award being made * to him. consideration 
of his bid. 

Statutory Authority G.S. 143-49. 

.0220 TIMBER SALES AND PINKS TRAW 
SALES 

Timber and pincstraw owned by state agencies 
» are customarily disposed of by the state surplus 
property agency on a scaled competitive bid ba- 
sis. A request for bid forms will be sent to any 
interested party upon request. 

Timber and pincstraw are generally sold on a 
lump-sum basis with payment to be made in full 
at the time of execution of a contract; and a high 
bidder may, in the discretion of the Director of 
Auxiliary Services, be required to post bond prior 
to award. 

Statutory Authority G.S. 143-49. 

.0222 PAYMENT 



All payments must be in the form of cashier's 
or certified check or postal money order. Pay- 
ment in full for all property purchased must be 
made within ten working days from date of 
award, and all property purchased must be re- 
moved within 30 calendar days from date of 
award. No property may be removed by the 
purchaser prior to full payment of the purchase 
price. The terms bid opening date and date of 
award are considered to be one in the same. 
Working days are considered to be Monday thru 
Friday (holidays excluded) while calendar days 
are actual. 

Statutory Authority G.S. / 43-49. 



SECTION .0300 



STATE SURPLUS PROPERTY 
FORMS 



.0301 REQUEST FOR BIDS ON SALE 
OF SURPLUS STATE PROPERTY 

Form PC 36 DA-AS-SP 3 is for use in solicit- 
ing sealed bids and proposals. The terms and 
conditions of sale are contained on Form PC 36. 
DA-AS-SP/3 as well as instructions. 

Statutory Authority G.S. I50B-II. 

.0304 NOTIFICATION: AWARD OF 
SURPLUS PROPERTY 

Form PC-38 is used by Auxiliary Services to 
notify the successful bidder and agency of the 
award of bid on state surplus property. Ridders 
need not be present at bid opening. 

Statutory Authority G.S. 150B-11. 

TITLE 2 - DEPARTMENT OF 
AGRICULTURE 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Pesticide Board 
intends to adopt, amend, repeal regulations cited 
as 2 NCAC 9L .0102(1), .020/ -.0207, .0302 
-.0305, .0307, .0309. .0311 - .03/2. .0314 - .0318, 
.0401 - .0403, .0508 - .0511, .0513 - .0514, .0521, 
.0524(c), .0525(a), .0528, .0901 - .0902, .0904 - 
.0920, ./102(b), .1202 - .1203, .1301, .1303 - 
.1304. .1401. .1403. .1405, .1601 - .1602, .1701 - 
.1707, .1901 and .1903. 

1 he proposed effective date of this action is No- 
vember 1, 1988. 

1 he public hearing will be conducted at 2:00 
p.m. on August 4, 1988 at Board Room, Agricul- 



NORTH CAROLINA REGISTER 



271 



PROPOSED RULES 



lure Bui/ding, One Edenton Street, Raleigh, SC 
27611. 



Cc 



ommenl Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to John L. Smith, Secretary, 
Sorth Carolina Pesticide Board, P. O. Box 27647, 
Raleigh, .Worth Carolina 2 7 6/l. 

CHAPTER 9 - FOOD AND DRUG PROTECTION 
DIVISION 

SUBCHAPTER 9L - PESTICIDE SECTION 

SECTION .0100 - ORGANIZATIONAL RULES 

.0102 DUTIES (CONTINUED) 

The North Carolina Pesticide Board has deleg- 
ated the following statutory powers, duties, and 
authorities to the Commissioner of Agriculture: 

( 1 ) the first sentence of G.S. 143-442(a); 

Statutory Authority G.S. 143-461(5). 

SECTION .0200 - RULES AND REGULATIONS 
ADOPTED BY REFERENCE 

.0201 INSPECTORS MANUAL (REPEALED) 
.0202 E.P.A. INSPECTORS MANUAL 

(REPEALED) 
.0203 REGISTRATION: REREGISTRATION 

AND CLASSIFICATION 

PROCEDURES (REPEALED) 
.0204 UNIFORM POLICIES FOR 

REGISTRATION (REPEALED) 
.0205 COMPENDIUM OF REGISTERED 

PESTICIDES (REPEALED) 
.0206 COMMON AND CHEMICAL NAMES 

OF PESTICIDES (REPEALED) 
.0207 EXEMPTION OF AGENCIES FOR 

USE OF PESTICIDES IN 

EMERGENCIES (REPEALED) 



Statutory Authority 
143-461'; 1 SOB- 1 4. ' 



G.S. 143-43' 



143-440; 



SECTION .0300 - REGISTRATION 

.0302 NOTICE TO REGISTRANTS AND 

APPLICANTS (REPEALED) 
.0303 COPIES (REPEALED) 
.0304 ASSISTANCE (REPEALED) 
.0305 APPLICATION FOR REGISTRATION 
REQUIREMENTS (REPEALED) 

Statutory Authority G.S. 143-442. 

.0307 REVIEW OF APPLICATION FOR 
COMPLETENESS (REPEALED) 

Statutory Authority G.S. 143-442. 



.0309 DISCONTINLED PRODLCTS 
(REPEALED) 

Statutory Authority G.S. 143-442. 

.031 1 NEW REGISTRATIONS (REPEALED) 
.0312 DENIAL OF REGISTRATION 
(REPEALED) 

Statutory Authority G.S. 143-442; 143-464. 

.0314 PESTICIDE REGISTRATION 

CERTIFICATION (REPEALED) 
.0315 REGISTRATION RECORDS (REPEALED) 

Statutory Authority G.S. 143-442. 

.0316 COMMON AND CHEMICAL NAMES 
OF PESTICIDES 

The North Carolina Pesticide Board adopts by 
reference in accordance with G.S. 1 SOB- 14(c) the 
volume entitled ''Acceptable Common Names 
and Chemical Names for the Ingredient State- 
ment on Pesticide Labels," as published by the 
Office of Pesticide Programs of the Fnviron- 
mental Protection Agency, Washington, D. C. 
Copies of ''Acceptable Common Names and 
Chemical Names for the Ingredient Statement on 
Pesticide Labels" are available for inspection in 
the Office of the Pesticide Administrator of the 
Food and Drug Protection Division and may be 
obtained at a cost as determined by the publisher 
by contacting National Technical Information 
Service. U. S. Department of Commerce. 
Springfield. Ya. 22161. 

Statutory Authority G.S. 143-461; 150B-14. 

.0317 REGISTRATION OF PESTICIDES 

TO MEET SPECIAL LOCAL NEEDS 

The North Carolina Pesticide Board adopts by 
reference in accordance with G.S. 1 SOB- 14(c), 
"Regulations Pertaining to State Registration of 
Pesticides to Meet Special Local Needs," 40 
C.F.R. Part 162. Subpart D. This reference es- 
tablishes procedures and criteria under which the 
state may register pesticide products, or any uses 
thereof, formulated for distribution and use 
within the state to meet special local needs under 
Section 24(c) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
seq. ). Copies of "Regulations Pertaining to State 
Registration of Pesticides to Meet Special Focal 
Needs" are available for inspection in the Office 
of the Pesticide Administrator of the Food and 
Drug Protection Division and may be obtained 
at a cost as determined by the publisher by con- 
tacting Superintendent of Documents. U. S. 



->-i 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



Government Printing Office, Washington, 

20402. 



D C. 



Statutory Authority 
143-461; 150B-I4. 



G.S. 143-437; 143-440; 



.0318 EXEMPTION OK AGENCIES FOR USE 
OF PESTICIDES IN EMERGENCIES 

The North Carolina Pesticide Board hereby 
adopts by reference in accordance with G.S. 
1 SOB- 14(c) "Exemption of Federal and State 
Agencies for Use of Pesticides in Emergencies," 
40 C. F. R. Section 166. This reference estab- 
lishes criteria for determining the conditions un- 
der which an emergency exists, the procedures for 
obtaining an exemption, and sets forth require- 
ments related thereto. Copies of "Fxemption of 
Federal and State Agencies for L'se of Pesticides 
in Emergencies" are available for inspection in 
the Office of Pesticide Administrator of the Food 
and Drug Protection Division and may be ob- 
tained at a cost as determined by the publisher 
by contacting Superintendent of Documents, U. 
S. Government Printing Office, Washington, 
D.C. 20402. 

Statutory Authority G.S. 143-437; 143-440; 
143-461'; 1 SOB- 14. 

SECTION .0400 -SAMPLES AND 
SUBMISSIONS 

.0401 SAMPLES: SUBMISSIONS (REPEALED) 

Statutory Authority G.S. 143-446. 

.0402 TOLERANCES 

In regards to establishing tolerances providing 
for reasonable deviations from the guaranteed 
analysis statement, the following guidelines are 
adopted: 
(1) that, in general, a "passed" judgment on a 
pesticide formulation be made if the analyt- 
ical results are within the following guide- 
lines: 



Pesticide Acti' 


/e Ingredient 


Guarantee 


, Percent 




1.00 


1.00 


19.99 


20.00 


49.99 


50.00 


- 100.00 



Allowable Deviation 
Below Guarantee 

1 5 percent of Guarantee 
0.1 plus 5 percent of Guarantee 



0.5 plus 3 percent of Guarantee 
1 .0 plus 2 percent of Guarantee 

Additional considerations: 

(a) If a sufficient number of samples as deter- 
mined by the food and drug protection 
division of a given product indicate that 
the manufacturer is not formulating the 
product to achieve the level of the guar- 
antee, an administrative judgment may be 
made to warn the formulator against the 
practice of formulating products in a 
manner only to stay within the allowable 
deviation from the guarantee. 

(b) A sample result falling outside of the 
guidelines may not necessarily be "defi- 
cient" if one of the following factors could 
reasonably be expected to have contrib- 
uted significantly to the off-limits analysis: 

(i) special sampling problems, such as 

fertilizer-pesticide mixtures and certain 

granular products: 
(ii) accuracy, specificity, reproducibility, 

etc., of the methods used when applied to 

the particular formulation; 

Statutory Authority G.S. 143-437(1); 143-446. 

.0403 PESTICIDE SAMPLING 

PROCEDURES (REPEALED) 

Statutory Authority G.S. 143-443; 143-446. 

SECTION .0500 - PESTICIDE LICENSES 

.0508 SUBCATEGORIES OF 

CONSULTANTS (REPEALED) 

Statutory Authority G.S. 143-455; 143-460(27). 

.0509 C ONSULTANT'S EDUCATIONAL AND 
EXPERIENCE REQUIREMENTS 

(d) The North Carolina Pesticide Board may 
waive the requirement for taking parts of the 
North Carolina consultant examination provided 
the applicant has a Ph. P., master's, or bachelor's 
degree in the discipline pertinent to the category' 
for which a license is desired and provided the 
applicant has demonstrated successful com- 
pletion of pertinent academic training or has 
passed a written or oral examination offered by 
another state or a professional organization. 
Applicants will be required to successfully com- 
plete written, or written and oral, cxamination(s) 
which demonstrates adequate knowledge of per- 



tinent subject matter not specifically completed 
in academic training including knowledge of 
applicator state and federal pesticide laws and 
related subject matter. 



NORTH CAROLINA REGISTER 



273 



PROPOSED RULES 



Statutory Authority G.S. 143-455; 143-460(27). 

.0510 EXAMINATION WAIVER (REPEALED) 
.0511 PESTICIDE LICENSES EXAMINATION 
REQUIREMENT (REPEALED) 

Statutory Authority G.S. I43-449(b); 
143-452(f); 1 43-453 (b); 143-455; 143-460(27), 
(29), (30), (33). 

.0513 FEES REQUIREMENT (REPEALED) 
.0514 SCHEDULE OF EXAMINATIONS 
(REPEALED) 

Statutory' Authority G.S. 143-449, bi; 
143-452(f); 143-453(b); !43-455(a)(c). 

.0521 RECERTIFICATION CREDIT 
COMMITTEE (REPEALED) 

Statutory Authority G.S. 143-43~ , 1 I. 

.0524 EXPIRATION OF CERTIFICATION 

(c) A certified individual who has completed 
none of the recertrfication options in Rule .0522 
of this Section prior to the recertification expira- 
tion date shall be required to retake and satisfac- 
torily pass a comprehensive license examination 
defined in Rul < ? .051 1 ef $44* Section G.S. 
143-453 before a license will be reissued in any 
category. This examination will be based on 
updated training materials approved by the 
Board. 

Statutory Authority G.S. I43-43' 7 (1); 
143-440(b); 143-453(c.)(2); !43-455(d). 

.0525 RECERTIFICATION OF 
PESTICIDE DEALERS 

(a) Pesticide dealers who have successfully 
completed the pesticide license examination re- 
quirements » R.ul e .0502(1 ) ef th» Section of 
G.S. 1 43-44 L > are certified for a period of five 
years; however, all such individuals must renew 
their pesticide licenses annually, as required in 
the North Carolina Pesticide Law of 1971. 



(b) Continuing Certification Credit assignment 
shall be in increments of no less that 1 2 hour. 

Statutory Authority G.S. 143-437. 

SECTION .0900 - FORMS 

.0901 DESIGNATIONS 

The forms used by the pesticide section of the 
food and drug protection division will be known 
by the following title and numerical designations: 
(■i) Financial R e sponsibility Liability Insur 
anco Certificat e fof Commercial Pooticido 
Applicators (Ground) — form PC 107; 
f-W) Financial Responsibility Liability Insur 
anoe Certificate k*f Commercial Pesticide 
Applicators (Aerial) — Form PC 110; 

Statutory Authority G.S. 143-461. 

.0902 FORM PC-400 (REPEALED) 

Statutory Authority G.S. 143-461. 

.0904 FORM PC-402 (REPEALED) 

.0905 FORM PC-403 (REPEALED) 

.0906 FORM PC-404 (REPEALED) 

.0907 FORM PC-405 (REPEALED) 

.0908 FORM PC-406 (REPEALED) 

.0909 FORM PC-407 (REPEALED) 

.0910 FORM PC-408 (REPEALED) 

.091 1 FORM PC-409 (REPEALED) 

.0912 FORM PC-410 (REPEALED) 

.0913 FORM PC-411 (REPEALED) 

.0914 FORM PC-4 12 (REPEALED) 

.0915 FORM PC-413 (REPEALED) 

.0916 COPIES AND SUBMISSIONS 

OF FORMS (REPEALED) 

.0917 FORM PC-414 (REPEALED) 

.0918 FORM PC-415 (REPEALED) 

.0919 FORM PC-4 16 (REPEALED) 

.0920 FORM PC-417 (REPEALED) 

Statutory Authority G.S. 143-441; 143-442; 
143-446; 243-448(b); 143-450; 143-452; 
143-454; 143-455; 143-460(27), (29), (30), 
(33); 143-461: 143-466; 143-467. 



Statutory Authority G.S. 143-448; 143-449. 

.0528 RECERTIFICATION CREDIT 
APPROVAL 

(a) The pesticide section shall receive requests 
for approval of sponsored training toward recer- 
tification. evaluate each proposed program based 
on criteria approved by the board, and assign 
appropriate Continuing Certification Credits for 
each program. Each such assignment shall be 
reviewable bv the board. 



SECTION .1 100 - PRIVATE PESTICIDE 
APPLICATOR CERTIFICATION 

.1102 DEFINITIONS 

fb| Restricted «*e pesticid e — fof the purpos e e£ 
th+* Regulation *H¥ pesticide b e aring the desig 
nation e» the labeling "R e stricted -t-ee 
Pesticide." 

£e) J_b| Private pesticide applicator--a person 
who uses or supervises the use of any restricted 
use pesticide under the following conditions: 



274 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(1) for the purpose of producing any agricul- 
tural commodity on property owned or 
rented by him or his employer, or 

(2) if applied without compensation other 
than trading of personal services between 
producers of agricultural commodities on 
the property of another person. 

Statutory Authority G.S. 143-440. 

SECTION .1200 - ARSENIC TRIOXIDE 

.1202 PESTICIDE DEAEER AND 

PURCHASER RESPONSIBILITY 

The pesticide dealer shall secure the signature 
of the purchaser attesting to the fact that such 
purchaser has knowledge of the use restrictions 
on arsenic trioxide contained herein; provided, 
however, that any licensed pesticide applicator 
under the authority of G.S. 143-452 or G.S. 
11)6-65.25 may use such formulations containing 
arsenic trioxide in or around human dwellings 
provided such use is performed in a manner 
consistent with the product label and limits ac- 
cess to the pesticide bv children. 

Statutory Authority G.S. 143-440(b); 143-441; 
143-466. 

.1203 EXEMPTION OE LICENSED 

PESTICIDE APPLICATOR (REPEALED) 

Statutory Authority G.S. l43-440(b); 143-441. 

SECTION .1300 - AVAILABILITY OK 
RESTRICTED USE PESTICIDES 

.1301 DEFINITIONS 

(a) The term "end use" as pertain; , te- this Reg 
ulution used in this Section means these activities 
attendant to the application of a pesticide to a 
site. 

The term "restricted a*e pesticide" fof the pur- 
pos e »f tht* Regulation means any pesticide 
bearing t4*e designation »«■ t4+e labeling "R e 
strictod Wse Pesticide." 

(b) All other specific words or terms used in this 
Regulation shall have the same definition or 
meaning as shown in the North Carolina Pesti- 
cide Law of 1971, G.S. 143-460 and regulations 
thereunder, and the North Carolina Structural 
Pest Control Law, G.S. 106-65.24 and regu- 
lations thereunder. 

Statutory Authority G.S. 143-440; 143-463. 

.1303 EXEMPTIONS 

(a) Restricted use pesticides may be made 
available to an employee under the supervision 



of a certified private or licensed pesticide 
applicator, certified structural pest control 
applicator, or structural pest control licensee 
provided the employee is acting under the direc- 
tion and supervision of said applicators and pro- 
vided further that said employee is 16 years of age 
or older. 

(c) Prior to making available restricted use 
pesticides to an employee under the supervision 
of a certified private applicator, licensed pesticide 
applicator, certified structural pest control 
applicator, or structural pest control licensee, all 
persons shall require the employee to sign his 
name, list the certification number of employer 
under whose direction and supervision the em- 
ployee is acting, and record the name of the 
pesticidc(s') obtained and the date of purchase. 
Such information shall be available for routine 
inspection by the North Carolina Pesticide Board 
or its agent . 

Statutory Authority G.S. 143-440; 143-463; 
143-466. 

.1304 RESTRICTIONS (REPEALED) 

Statutory Authority G.S. 143-440; 143-463; 
143-466. 

SECTION .1400 - GROUND APPLICATION OF 
PESTICIDES 

.1401 DEFINITIONS 

/Ml specific words or terms used in this Section 

other than those defined below shall have the 

same definitions as shown in the North Carolina 

Pesticide Law of 1971, G.S. 143-460: 

f3-) Restricted l-m Pesticide - . ik# the purpos e 

ef this Regulation, t+ is ewy pesticide b e aring 

the designation e» the labeling "Restricted 

44*e Pesticide." 

Statutory Authority G.S. 143-458; 143-463; 
143-466(a). 

.1403 EXEMPTIONS TO 2 NCAC 
9L .1402 (REPEALED) 

Statutory Authority G.S. 143-458; 143-463; 
143-466(a). 

.1405 EXEMPTIONS TO 2 NCAC 
9L .1404 (REPEALED) 

Statutory Authority G.S. 143-458; 143-463. 

SECTION .1600 - PESTICIDE EMERGENCY 
PLAN 



NORTH CAROLINA REGISTER 



275 



PROPOSED RULES 



.1601 GENERAL (REPEALED) 
.1602 PROCEDURE (REPEALED) 

Statutory Authority G.S. 143-436; 143-437; 
143-441. 

SECTION .1700 - ULTRA LOW VOLUME (ULV) 

AND LOW VOLUME (LV) APPLICATION OF 

PESTICIDES 

.1701 DEFINITIONS (REPEALED) 
.1702 ULTRA LOW VOLUME (ULV) 

APPLICATION OF PESTICIDES 

(REPEALED) 
.1703 LOW VOLUME (LV) APPLICATION 

OF PESTICIDES (REPEALED) 
.1704 CONTENTS OF THE 

RECOMMENDATION (REPEALED) 
.1705 NOTIFICATION REQl IREMENTS 

(REPEALED) 
.1706 LIMITATIONS (REPEALED) 
.1707 REVOCATION OF RECOMMENDATION 

(REPEALED) 

Statutory Authority G.S. I43-458(a). 

SECTION .1900 - PESTICIDE STORAGE 

.1901 DEFINITIONS 

All specific words or terms used in this Section 

other than those defined in this Rule shall have 

the same definitions as shown in the North 

Carolina Pesticide Law of 1471, G.S. 143-460. 

The rules contained in this Section shall be 

deemed to be minimum for storage. 

f6-) Person. 44*? term "person" moans awy 

person, including (4*trt net- limited te-) aw m- 

dividuul. firm, partnership ? association, 

company joint stock association, public w 

private' institution, fedora 1 governmental 

agency, e* privat e »f public corporation ef- 

gani/.ed under tfet* laws ef tki* State e* t4*e 

I "nit od Stat e s e* aw other stat e tr*f country ' ; 

(p^ Commercial Pesticide Applicator, fw tiw 

purpose ef tki* Regulation includ e s afty- 

person who owns e* manages a pesticide 

application business which » e ngaged h* t4+e 

business t*f applying pesticides upon trre 

lands b* properties t4 another; mw private 

a+4f course operator; afty- see4 treater; awy 

person engaged ift d e monstration e* res e arch 

pest- control; a«4 any- other p e rson who a*rs 

a* a commercial pesticide applicator; 

f&f Restricted fe^e Pesticide (RUP). Pw Ae 

purpose e4 tfe Regulation means awy- pesti 

|M. 1 ■ | r, ^ j ii|i |~i lit! * I ' * ^4^^^^L^^^^^^T^^.^xi ^^Ai, t 1 l . ^ I ■ L i"^^lir~fctT 
nrrr^ 1 i_ '^i li j i u i e i i if uv ■ i ij nil i \ ' l T (. ' 1 1 rTTC I VI V. 'Vlll l Tz, 

"Restricted \~ *e P e sticid e "; 



.1903 COMMERCIAL STORAGE: 

RESTRICTED USE PESTICIDES 
(REPEALED) 

Statutory Authority G.S. 1 43-437; / 43-440 
through 143-443; 143-447; 143-461; 143-466. 

TITLE 4 - DEPARTMENT OF COMMERCE 



1\ otice is hereby ghen in accordance with G.S. 
I SOB- 1 2 that the N.C. Alcoholic Beverage Control 
Commission intends to amend regulations cited 
as4NCAC2R .1502, .ISO I. 

1 he proposed effective date of this action is No- 
vember 1, 1988. " 

1 he public hearing will be conducted at 10:00 
a.m. on August 12, 1988 at ABC Commission, 
Room 101. 3322 Garner Road, Raleigh, NC. 



Co 



omment Procedures: Written comments and 
arguments should be submitted prior to August 12, 
1988 to the ABC Commission at P.O. Box 26687, 
Raleigh, NC 2761 1-6687. Persons desiring to 
speak at the hearing should notify the commission 
prior to August 12. 1988. 

CHAPTER 2 - ALCOHOLIC BEVERAGE 
CONTROL COMMISSION 

SUBCHAPTER 2R - ORGANIZATIONAL RULES: 
POLICES AND PROCEDURES 

SECTION .1500 - PRICING OF SPIRITUOUS 
LIQUOR 

.1502 MARKUP FORMULA 

(a) On every delivered case of spirituous liq- 
uors, there is to be added a 66.7736 75.3684 per- 
cent markup, which is derived by the following 
formula: (x) equals the base price of the case, 
including freight and bailment charges. Thirty- 
tvre three and thirty-six hundredths percent 
equals the markup allowed local boards; there- 
fore, 1.3236(x) 1.3336(x) equals the delivered case 
cost plus the 32.36 33.36 percent local markup, 
or the "retail price," excluding all taxes. 



Example: 



Statutory Authority G.S. 
143-441'; 143-461; 143-466. 



.3236 i )0(x) 

■ 2Q7810(x) 

■ 16J26(x) 



.667736(x) 



local markup 
state te* 122.51 ', 



143-437; 143-440: 



ei 1.3236(x)| 
state ta* retain e d 
locally 

k4^Cof 1.323600] 
total markup 



Fxample: .333600(x) local markup 



276 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.373408(x) state tax [28% 


■+. -WO 


Bailment surcharge G.S. 


of 1.3336(x)l 




18B 801(b)(6a) 


.046676(x) state tax retained 


68.4091 




locally 


4-3 


Divido by the number &£ 


|3.5% of 1.3336(xjl 




bottles i» the ease 


.753684(x) total markup 


Srims 




(b) The selling price of spirituous liquor, which 


s$ 


A*14 bettte charge Grte 


includes the cost of goods, local markup and all 




18B 801(b)(6) 


taxes, is derived by following these steps: 


£$ 


A44 additional bottle 


(1) Determine the subtotal case cost by adding 




ehafgeSrte 1SB 804(b)(6b) 


base case cost, freight and bailment to- 


^mm 


Round the result to a» 


gether; 




integer evenly divisible 


(2) Multiply the subtotal case cost by 




tTT 1 1 V U L L 1 1 1 LI X^P . U_* 1 


1.667736, 1.753684, to four decimals; 


$ &M 


Retail selling prieo pe* 


(3) Add the bailment surcharge as determined 




bottle to ae- individual 


by the commission; 


-J- 3rU 


Mixod beverage ta* G.S. 


(4) Divide the result by the number of bottles 




18B 804(b)(8) 


in the case; 


$ &7&1- 


Selling price to a mixed 


(5) Add five cents ($.05) rehabilitation tax 








[Add one cent ($.01) for bottles 50 ml. or 






(6) Add five cents ($.05) for the local board 




Distiller's Rriee 


charge [Add one cent ($.01) for bottles 50 


,£& 


Distiller's Freight 


ml. or less]; 


rU 


Bailment charges 


(7) Round the result to an integer evenlv di- 


4&m 


Subtotal ease ee*t 


visible by five cents ($.05). The breaking 


1.66736 




point is one cent ($.01), 1 mill; the mill is 




Markup formula (includes 


underlined. 




markup aft4 required taxes) 


(A) If cent equals $ .00, it remains $ .00; 


66.7004 


Case eost to four decimals 


(B) If cent equals $ .05, it remains $ .05; 


-k 4^744 


Add bailment surcharge 


(C) If cent equals $ .010, (mill is 0), round 


68.4094 




downward to $ .00; 


6te44 




(D) If cent equals $ .011, (if mill is 1-9), 


43 


Divide by number »f 


round upward to % .05; 






(E) If cent equals $ .060, (mills is 0), round 


5.7008 




downward to $ .05; 


^4 


Add bottle charge 


(F) If cent equals $ .061, (if. mill is 1-9), 


S$ 


A44 additional bottle 


round upward to $ .10; 




charge 


(G) If cent equals $ .411. .42, .43, .44, 


5.8008 


Round the result to a» 


round upward to $ .45; 








(H) If cent ' $ .461, .47, .48, .49, round 




divisible b¥ frve cent 6 


upward to $ .50; 




^0#i 


(8) The result is the retail selling price per 


$ $m 


Retail selling price pep 


bottle. 




bottle to a» individual 


(c) Example: 


^3^U 


Mixed beverage ta* 


$38.57 Dktok»f^P««e 


& te64- 


Selling price to a mixed 


■M Distiller's Ffetgkt 








-±- t84 Bailment charges 






4&M Subtotal ease eest 


$38.55 


Distiller's Price 


+ 12.9110 Markup ($10.00 X- 32.26%) 


.60 


Distiller's Freight 


Q-&. 4-gjj 804(b)(3) 


+ .85 


Bailment charges 


52.9 1 10 


40.00 


Subtotal case cost 


1 1.0124 teste Ta* (52.9110 X- 


+ 13.3440 


Markup ($40.00 X 33.36%) 


22.5%) Grte-ISB 801(h)(1) 




G.S. 18B-804(b)(3) 


1.8530 Additional markup 


53.3440 




(52.9 140 X:l»%4 


14.9364 


State Tax (53.3440 X 


Gte lSH 804(b)(5) 




28%) G.S. 18B-S04(bi(4) 


66.7094 Case eost to few decimals 


1.8671 


Additional markup 



NORTH CAROLINA REGISTER 



277 



PROPOSED RULES 



(53.3440 X 3.5%) 



or: 







CIS. 18B-804(b)(5) 




70.1475 


Case cost to four decimals 


• 


70.7075 


Bailment surcharge G.S. 
18B-804(b)(6a) 




12 


Divide bv the number of 






bottles in the case 




5.8923 






.05 


Add bottle charce G.S. 






18B-804(b)(6) 




.05 


Add additional bottle 






charge G.S. 18B-804(b)(6b) 




5.9923 


Round the result to an 
integer evertlv divisible 
bv five cents ($ .05) 


$ 


6.00 




2 


b. in) 


Retail selling price per 
bottle to an individual 


• 


2. SI 


Mixed beverage tax G.S. 






l8B-804(b)(8) 


| 


SSI 


Selling pnee to a mixed 
beverage permittee 


i 


38.55 


Distiller s Pnee 




.60 


Distiller s Freight 




.85 


Bailment chare.es 




40.00 


Subtotal case cost 




1.753684 


Markup formula (includes 
markup and required taxes) 




70.1474 


Case cost to four decimals 


■ 


70.7074 


Add bailment surcharge 




12 


Divide bv number of 
bottles in the case 




5.8923 






.05 


Add bottle charge 




.05 


Add additional bottle 
charge 




5.9923 


Round the result to an 
integer evenlv 
divisible bv five cents 
($.05) 


* 


wm 




i 


b. mi 


Retail selling pnee per 
bottle to an individual 


• 


2. SI 


Mixed beverage tax 


2 


8.81 


Selling price to a mixed 
beverage permittee 



Statutory Authority 
I8B-207: 18B-S04. 



G.S. lSB-203(a)(3); 



PERMITS FOR INDIVIDUALS AND MIXED 
BE\ 'ERAGES PERMITTEES 

.1801 PURCHASE-TRANSPORTATION 
PERMITS: WINE: LIQL'OR 

(b) Form. The Purchase-Transportation Per- 
mit shall be issued on a printed three-part form 
and shall specify the following information on 
the face of the permit: 

(8) name and driver's license number of pur- 
chaser. 

Statutory Authority G.S. J8B-20' 
1SB-403. 



l8B-303(a); 



TITLE 15 - DEPARTMENT OF NATURAL 

RESOURCES AND COMMUNITY 

DEVELOPMENT 



Nc, 



SECTION .IS00- 
I'l RCIIASE-TRANSPORTATION 



otice is hereby given in accordance with G.S. 
150B-12 that the Dhision of Environmental Man- 
agement i Environmental Management Commis- 
sion) intends to amend regulations cited as 15 
XCAC 2B .02/6. .0302 - .0304, .0308 - .0309. 

1 he proposed effective date of this action is 
January 1, 1989. " 

1 he public hearing will be conducted at the fol- 
lowing locations, dates and limes: 

( Raleigh I 

August 1. 1988 

2:00 p.m. 

Ground Eloor Hearing Room 

Archdale Building 

5/2 X. Salisbury Street 

Raleigh. NC ~2~611 

(Boone) 

August 2, 1988 

7:00 p.m. 

Court Room X umber 1 

Watauga County Courthouse 

West King Street 

Boone. XC 

(Franklin) 

August 3, 1988 

7:00 p.m. 

Court Room 

Macon County Courthouse 

Franklin, XC 

(Asheville) 

August 4, 1988 
7:00 p.m. 



278 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



Lecture Room 

Simpson Administration Blvd. 

A shcville- Buncombe Tech. Inst. 

Ashevilk, NC 



Cc 



> ommenl Procedures: A 11 persons interested in 
this matter are invited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to. during, or within 30 
days after the hearing or may be presented orally 
at the hearing. Oral statements may be limited 
at the discretion of the hearing officer. Submittal 
of written copies of oral statements is encouraged. 
For more information contact: Mr. Stephen E. 
Zoufaly, Division of Environmental Management, 
P.O. Box 27687, Raleigh, NC 27611, (919) 
733-50S3. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0200 - CLASSIFICATIONS AND 

WATER 

QUALITY STANDARDS APPLICABLE TO 

SURFACE WATERS OF NORTH CAROLINA 

.0216 OUTSTANDING RESOl RCE WATERS 

(e) Listing of Waters Classified ORW. A& 
Waters classified as ORW ««4 with specific 
actions to protect exceptional resource values are 
listed m thi* rul e : as follows: 

( 1) Cataloochee Creek (French Broad River 
Basin. Index No. 5-41 ) including all 
tributary waters will have no discharges 
of waste except those existing swimming 
pools and existing trout farms qualifying 
for a general permit in accordance with 15 
NCAC 211 Section .01 00. 
£2} South Fork Mills River (French Broad 
River Basin, Index No. 6-54-3) from 
source to the upstream side of Queen 
Creek including all tributary' waters will 
have no discharges of waste except those 
existing swimming pools and existing 
trout farms qualifying for a general permit 
in accordance with 15 NCAC 211 Section 
.01(10. 
(3) South Foe River | French Broad River 
Basin. Stream Index No. 7-2-52-( 1 )| from 
source to F.S. 1 lu y 1 C >F including all 
tributary waters will have no discharges 
of waste except those existing swimming 
pools and existing trout farms qualifying 
for a general permit in accordance with 1 5 
NCAC 211 Section .0100. 



(4) Fires Creek (Hiwassce River Basin, Index 
No. 1-27) including all tributary waters 
will have no discharges of waste except 
those existing swimming pools and exist- 
ing trout farms qualifying tor a general 
permit in accordance with 15 NCAC' 2H 
Section .0100. 

(5) Gipp Creek (Hiwassce River Basin, Index 
No. 1-52-23) including all tributary waters 
will have no discharges of waste except 
those existing swimming pools and exist- 
ing trout farms qualifying for a general 
permit in accordance with 15 NCAC 2H 
Section .0100. 

(6) Nantahala River (little Tennessee River 
Basin and Savannah River Drainage Area. 
Index No. 2-57) from source to the back- 
waters of Nantahala I ake including all 
tributary' waters will have no discharges 
of waste except those existing swimming 
pools and existing trout farms qualifying 
for a general permit in accordance with 15 
N(?7\C 211 Section .0100. 

(7) Chattooga River (I ittle Tennessee River 
Basin and Savannah River Drainage Area, 



Index No. 3) from source to North 
Carolina-Georgia State I ine including 
Bad Creek, Fast Fork Chattooga River, 



Jacks Creek. Overflow Creek. Clear 
Creek. Hensen Branch, Big Creek, I alley 



tributary waters will 



Mill Creek and _ 

have no new discharges of waste 



(8) Wilson Creek (Catawba River Basin. In- 
dex No. 1 1-38-34) including all tributary 
waters will have no discharges of waste 
except those existing swimming pools and 
existing trout farms qualify ing for a gen- 
eral permit in accordance with 15 NCAC 
211 Section .0100. 

£9] Elk Creek IVadkin-Pee Dee River Basin, 
Index Nos. 12-24-Q) and 12-24-10| nv 
eluding all tributary waters will have no 
discharges of waste except those existing 
swimming pools and existing trout farms 
qualifying for a general permit in accord- 
ance with 15 NCAC 211 Section .0100. 



10 



Roosevelt Natural Area | White Oak 
River Basin, Index Nos. 20-36-9. 5-( 1 ) and 
20-36-0.5(2)1 including all fresh and saline 
waters within the property boundaries of 
the natural area will have only new devel- 



opment which complies with the low 
density option in the stormwater rules as 
specified in F5 NCAC 2H .1003(a)(2) 
within 575 feet of the Roosevelt Natural 



Area (if the development site naturally 
drains to the Roosevelt Natural Area). 



NORTH CAROLINA REGISTER 



279 



PROPOSED RULES 



Statutory Authority G.S. 1 43- 2 1 4. 1. 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0302 HIWASSEE RIVER BASIN 

(c) The Hiwassee River Basin Schedule of 
Classifications and Water Quality Standards was 
amended effective: 

(1) August 9, 1981; 

(2) February 1, 1986; 
Q) November 1. 19SS. 

(d) 1 he Schedule of Classifications and Water 
Quality Standards for the Hiwassee River Basin 



ective November 



1988 as fol- 



was amended ej 

lows: 

Q} hires Creek (Index No, 1-27) and aH 
tributary waters were reclassified from 
Class C-trout and Class C to Class C- 
trout ORW and Class C ORW. 



{2} (iipp Creek (Index No. 1-52-23) and all 
tributarv waters were reclassified from 



Class C-trout and C 



C to Class C- 



trout ORW and Class C ORW 



Statutory Authority G.S. 143-214.1; 143-215.1; 
I43-215.3(a)( I ). 

.0303 LITTLE TENNESSEE RIVER BASIN AND 
SAVANNAH RINKK DRAIN \GE AREA 

(c) The I ittle Tennessee River Basin and 
Savannah River Drainage .Area Schedule of 
Classifications and Water Quality Standards was 
amended effective: 



(1) 
(2) 

(3) 
(4) 
(5) 

till 



February' 16. 1^77; 
March l". 1977; 
July 13. 1080; 
Februarv 1, 19S6: 
October 1. 19S7; 
November 1. 1988 
1 he Schedule 



Classifications of Water 
Quality Standards for the I ittle Tennessee Basin 
and Savannah River Drainage Area was amended 
effective November _L 1^88 as follows: 

( 1) Nantahala River (Index No. 2-57) from 
source to the backwaters of Nantahala 
1 ake and all tributary waters were reclas- 
sified from Class B-trout. Class C-trout 



C 



C to Class B-trout ORW, Class 



[21 



C-trout ORW and Class C ORW. 
Chattooga River ( Index No. 3j including 
Bad Creek, last fork Chattooga River, 
Jacks 



Creek, 



Creek. 1! 



Overflow 

enson Branch, Bit 



Creek. Clear 
_ Creek, Tallcv 
Mill Creek and all tributary waters were 
reclassified from Class B-trout, Class C- 
trout and Class to Class B-trout ORW, 
Class C-trout ORW and Class C ORW. 



Statutory Authority G.S. 143-214. 1; 143-215.1; 
l43-2!5.3(a)(l). 

.0304 FRENCH BROAD RIVER BASIN 

(c) The French Broad River Basin Schedule 
of Classifications and Water Quality Standards 
was amended effective: 

( 1 ) September 1 , 1 976; 

(2) March 1, 1977; 

(3) August 12, 1979; 

(4) April 1, 1983; 

(5) August 1, 1984; 

(6) August 1, 1985; 

(7) Februarv 1, 1986: 

(8) May 1, 1987; 

022 November 1, 1988. 

(d) The Schedule of Classifications and Water 
Quality Standards tor the French Broad River 
Basin was amended effective November _b l^NS 
:is follows: 

( 1 ) Cataloochee Creek (Index No. 5-41 ) and 
all tributary waters were reclassified from 
Class C-trout and Class C to Class C- 
trout ORW and Class C ORW. 



QX South Fork Mills River ( Index No. 

6-54-3) down to Queen Creek and all 
tributaries were reclassified from Class 
WS-I and Class WS-IlI-trout to Class 



WS-I ORW and Cla 
ORW. 



WS-lII-trout 



Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215.3(a)(l). 

.0308 CATAWBA RIVER BASIN 

(c) The Catawba River Basin Schedule of 
Classifications and Water Quality Standards was 
amended effective: 

(1) March 1, 1977; 

(2) August 12, 1979; 

(3) April 1, 1982; 

(4) January 1. 1985; 

(5) August 1, 1985; 

(6) February 1, 1986; 
[21 November 1, 1988. 

(d) The Schedule of Classifications and Water 
Quality Standards for the Catawba River Basin 
was amended effective November U 1*^88 as fol- 
lows: 

Q) Wilson Creek (Index No. 11-3S-34) and 
all tributary waters were reclassified from 
Class B-trout and Class C-trout to Class 
B-trout ORW and Class C-trout ORW. 



Statutory Authority G.S. 143-214. 1; 143-215. 1: 
143-215.3(a)(l). ' 

.030 YADKIN-PEE DEE RIVER BASIN 



280 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(c) The Yadkin- Pee Dec River Schedule of 
Classification and Water Quality Standards was 
amended effective: 



February 12, 1979; 

March 1, 1983; 

August 1, 1985; 

February 1, 1986; 

November 1, 1988. 

The Schedule of Classifications and Water 
Quality Standards for the Yadkin- Pee Dee River 
Basin was amended effective November ]_, 19X8 
as follows: 



(1) 
(2) 
(3) 

(4) 

(51 
(d) 



ill 



Ilk Creek | Index Nos. 12-24-(l) and 
12-24-( 10)| and aH tributary waters were 
reclassified from Class B-trout, Class C- 
trout and Class B to Class B-trout ORW, 
Class C-trout ORW and CI 



B ORW. 



Statutory Authority G.S. 1 43-2 14.1; 143-215.1; 
143-215.3(a)(l). 

****************** 



Ivotice is hereby given in accordance with G.S. 
I50B-I2 that the D'rvision of Coastal Management 
intends to amend regulation cited as 15 XCA C 711 
.1 105; and adopt regulation cited as 15 7.1 .0604. 

1 he proposed effective date of this action is 
January I, 19S9. ' 

1 he public hearing will be conducted at 10:00 
a.m. on August 2, 19SS at Marine Fisheries 
Building, 34/1 Arendell Street. Morehead City. 
AC. 

Cx omment Procedures; A 11 persons interested in 
these matters arc invited to attend the public 
hearing. The Coastal Management Division will 
receive written comments up to the date of the 
hearing. Any person desiring to present lengthy 
comments is requested to submit a written state- 
ment for inclusion in the record of proceedings at 
the public hearing. Additional information con- 
cerning the hearings or the proposals may be ob- 
tained by contacting Portia Rochelle, Division of 
Coastal Management, P.O. Box 27687, Raleigh, 
NC 27611. (919) 733-2293. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 711 - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .1 100 - GENERAL PERMIT FOR 

CONSTRUCTION OF BULKHEADS AND HIE 

PLACEMENT OF RIPRAP FOR SHORELINE 



PROTECTION IN ESTUARINE AND PUBLIC 
TRUST WAFERS 

.1105 SPECIFIC CONDITIONS 

(a) This general permit is applicable only along 
shorelines void of wetland vegetation including 
marsh grass and wooded swamp, or where all 
construction is to be accomplished landward of 
such vegetation. 

(b) Along natural shorelines e.g. rivers, creeks, 
bays, sounds, etc., bulkheads &f and riprap ma- 
terial must be positioned as fo llows: 

(1) Bulkheads must be positioned so as not 
to exceed more than an average distance 
of two feet watcrward of the mean high 
water mark, or the normal water level 
contour, whichever is applicable. In rW 
no case shall the bulkhead ef nprap be 
positioned more than five feet waterward 
of the mean high water or normal water 
level contour at any point along its align- 
ment. 

Riprap must be positioned so as not_ to 
exceed a maximum of five feet waterward 
of the mean high water mark or normal 
water level contour at any point along its 
alignment . This location standard also 
applies to riprap proposed for previously 
bulkheaded shorelines. 



i2l 



(c) Along shorelines within upland basins, ca- 
nals, and ditches, bulkheads or nprap material 
must be positioned so as not to exceed more than 
an average distance of five feet waterward of the 
mean high water mark or the normal water level 
contour, whichever is applicable. In no case 
shall the bulkhead or riprap be positioned more 
than ten feet waterward of the mean high water 
or normal water level contour at any point along 
its alignment. For the purpose of these regu- 
lations, the Atlantic Intracoastal Waterway 
(AIWW) is considered a natural shoreline and 
development must occur as described in 111 
.1105(b). 

(d) Construction authorized by this general 
permit will be limited to a maximum shoreline 
length of 500 feet. 

(c) All backfill material shall be obtained from 
an upland source. 

(f) The bulkhead must be constructed, or the 
riprap must be in place prior to any backfilling 
activities. 

(g) The bulkhead or riprap must be structurally 
tight so as to prevent seepage of backfill materials 
through the bulkhead, structure. 

(h) Riprap material shall be free from loose dirt 
or any other pollutant. It must be of a size suf- 
ficient to prevent its movement from the site by 
wave or current action. 



NORTH CAROLINA REGISTER 



281 



PROPOSED RULES 



(i) Riprap material must consist of clean rock 
or masonry materials such as marl brick - or bro- 
ken concrete. Materials such as tires, car bodies, 
scrap metal, paper products, tree limbs, wood 
debris, organic material or similar material, are 
not considered riprap. 

(j) The bulkhead must be solid and constructed 
of treated wood, concrete slabs, metal sheet piles 
or other suitable materials approved by depart- 
ment personnel. No excavation is permitted ex- 
cept for that which may be required for the 
construction of the bulkhead wall, riprap, dead- 
men cables, etc. This permit does not authorize 
any excavation watenvard of the approved align- 
ment. 

(k) Bulkheads or riprap shall not extend be- 
yond established alignments nor restrict the ori- 
ginal width of the canal or basin. 

(1) If on contiguous acre or more of property 
is to be excavated or filled, an erosion and sedi- 
mentation control plan must be filed with the 
Division of I.and Resources, I and Quality Sec- 
tion, or appropriate local government having ju- 
risdiction. This plan must be approved prior to 
commencing the land-disturbing activity. 

Statutory Authority G.S. I I3A-I07(a); 
113A-I07(b); 1 13A-) 13(b); I13A-118.I; I13A- 

124. 

SUBCHAPTER 7J - PROCEDURES FOR 

HANDLING MAJOR DEVELOPMENT 

PERMITS: VARIANCE REQUESTS: APPEALS 

I ROM MINOR DEVELOPMENT PERMIT 
DECISIONS: AND DECLARATORY RULINGS 

SECTION .0600 - DECLARATORY RULINGS 
AND PETITIONS EOR RULEMAKING 

.0604 PETITIONS EOR RULEMAKING 

(a) Any person wishing to request the 
adoption, amendment, or repeal of a rule shall 
make this request in a petition addressed to the 
Division of Coastal Management. The petition 
shall specify it is filed pursuant to G.S. 150B-16 
and shall contain the following information: 

( 1 ) either a draft of the proposed rule or a 
summary of its contents; 

(2) the statutory authority for agency 
adoption of the rule; 

(3) a statement of reasons for adoption of the 
proposed rule(s); 

(4) a statement of the effect on existing rules 
or orders; 

(5) any data in support of the proposed 
rule(s); 

(6) a statement of the effect of the proposed 
rule on existing practices; 



(7) the names and addresses, if known, of 
persons most likely to be affected by the 
proposed rule; and 

(8) the name and address of the petitioner, 
(b) The petition will be placed on the agenda 

for the next regularly scheduled commission 
meeting and the director shall prepare a recom- 
mended response to the petition for the com- 
mission's consideration. Petitions will be 
considered in accordance with the requirements 
of G.S. 150B-16. 



Statutory 
I SOB- 16. 



Authority G.S. 1 13A-124(c)(5), 



•kk-kkkkkk kkkkkkkk-kk 



7V otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Wildlife Resources Commission 
intends to amend regulation cited as 15 XCAC 
/OF .0330 and adopt regulation .0356. 



Th 



he proposed effective dale of this action is No- 
vember 1, I98S. 

1 he public hearing will be conducted at 10:00 
a.m. on August I. I9SH at Wildlife Resources 
Commission, 5/2 X. Salisbury Street. Raleigh, 
NC 27611, Room 3S6, Archdale Building. 



Cc 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from July 
IS. 1988, to August' 15, 19S8. Such written com- 
ments must be delivered or mailed to the Wildlife 
Resources Commission, 5/2 N. Salisbury St., Ra- 
leigh, NC 27611. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0330 CARTERET COUNTY 

(a) Regulated Areas. This Rule applies to the 
following waters in Carteret County: 

( 1 ) that portion of the Intracoastal Waterway 
within 200 feet on each side of the en- 
trance to Sea Gate Marina; 

(2) the waters of Money Island Slough be- 
ginning at the east end of Money Island 
near the Anchorace Marina Basin and 



282 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) 



(4) 



(5) 



(6| the 



ending at the west end of Money Island 
where Brooks Avenue deadends at the 
slough; 

the waters of Taylor Creek located within 
the territorial limits of the Town of 
Beaufort; 

the waters of Pelleticr Creek beginning at 
the entrance to Pelletier Creek at the In- 
tracoastal Waterway and ending at U.S. 
Highway 70; 

the waters of Bogue Sound in Morehead 
City between Sugar Loaf Island and the 
seawall on the south side of Evans, She- 
pard and Shackleford Streets and bounded 
on the east by the State Ports Authority 
and on the west by the eastern right-of- 
way margin of South 13th Street ex- 
tended; 

the waters of Gallant's Channel from the 
IS 70 crossing over the Gravden Pau 



bndiie to Taylor 



crossing over the Gravden 
Creek. 



(c) 
The 



Placement and Maintenance of Markers. 

Board of Commissioners of Carteret 
County, with respect to the regulated areas des- 
ignated in Subparagraphs ( 1 ). (2), a«4 (4) and (6) 
of Paragraph (a) of this Rule, and the Board of 
Commissioners of the Town of Beaufort, with 
respect to the regulated area designated in Sub- 
paragraph (3) of Paragraph (a) of this Rule, and 
the Board of Commissioners of Morehead City, 
with respect to Subparagraph (5) of Paragraph 
(a) of this Rule, are designated as suitable agen- 
cies for placement and maintenance of the 
markers implementing this Rule, subject to the 
approval of the United States Coast Guard and 
the United States Army Corps of Engineers. 

Statutory Authority G.S. 75A-3; 75A-J5. 

.0356 PASQLOTANK COUNTY 

(a) Regulated Area. This area applies to the 
canals of the Glen Cove Subdi%'ision in Pasquo- 
tank County. 

(b) Speed I imit. No person shall operate a 
vessel at greater than no-wake speed while on the 
waters of the regulated area designated in Para- 
graph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Board of County Commissioners of Pas- 
quotank County is designated a suitable agency 
for placement and maintenance of the markers 
implementing this Rule. 

Statutory Authority G.S. 75.4-3; 75A-I5. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



7V otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. State Board of Cosmetic 
Art Examiners intends to adopt, amend, repeal 
regulations cited as 21 NCAC 14D .0303; 14G 
.0011, .0014; 14H .00/2; 141 .0107, .0109, .0302; 
14J .0103, .0106, .0204 - .0206, .0305; 14L .0101, 
.0105, .0301. 

I he proposed effective date of this action is No- 
vember 1, 1988. 

1 he public hearing will be conducted at 10:00 
a.m. on July 29, 1988 at N.C. Slate Board of 
Cosmetic Art Examiners, 4101 North Bhd., Suite 
H, New Hope Center. Raleigh, North Carolina 
27604. 



the C 



ommenl Procedures: Any person may request 
information or copies of the proposed rides by 
writing or calling Vicky R. Goudie, Executive 
Secretary, N.C. State Board of Cosmetic Art Ex- 
aminers. 4101 North Blvd., Suile II, Raleigh, 
North Carolina 2~604, (919) 790-8460. Written 
comments on these rules may be sent to Mrs. 
Goudie by July 15th at the above address. Writ- 
ten and oral (for no more than ten minutes/ 
comments on these subjects may be presented at 
the hearing. Notice should be given to Mrs. 
Goudie at least three days prior to the hearing if 
you desire to speak. 

CHAPTER 14 - BOARD OF COSMETIC ART 
EXAMINERS 

SUBCHAPTER 14D - CONDUCT OF THE 
CONTESTED CASE 

SECTION .0300 - SUBPOENAS 

.0303 SERVICE OF SUBPOENAS 

(a) Subpoenas may be served in any manner 
provided by law. 

f44. by »» employee) »f- t+n* board; »f 
f2* by- t+k» sheriff ef &<* county » which tbe 
pon' i on subpoenaed resides, when tbe 
party r e qu e sting tb* subpoena prepays tbe 
sheriff's service feer 

(b) Subpoenas shall be issued in duplicate with 
a ''Return of Service" form attached to each 
copy. The person serving the subpoena shall till 
out the "Return of Service" form for each copy 
and promptly return one copy of the subpoena 
with the attached "Return of Service" form 
completed to the board. 

Statutory Authority G.S. 88-23; 150B-27. 



NORTH CAROLINA REGISTER 



283 



PROPOSED RULES 



SUBCHAPTER 14G - REQUIREMENTS FOR 

INK ESTABLISHMENT OF SCHOOLS OF 

COSMETIC ART 

.001 1 CHANCE OF LOCATION OR 
OWNERSHIP 

If the location of the school is changed, a new 
letter of approval will be necessary, or if there 
is a transfer of ownership e* management of the 
school, either by sale, lease or otherwise, a new 
approval application is required. 44n* same '. hull 
W» report i ' d within 44 days e4 ;. uch ehaage t-n- t4n* 
board. a«4 application made fof letter ef ap- 
provul. 44h* i. chool mu; . t moot the inline condi 
tiorts *h4 requirement ;. *v a new beauty ichool 
h* order k* obtain * letter t-4 appro val. 44+e l e tter 
h4 approvitl may b*» retroactive k» (4*** drrfi* ef 
change t*f traction therefore ' . 4 the i . chool w*t* m- 
operation under a- valid letter t4- approval at- th*> 
time e+ (4h* change ««4 4 t4h* application fof » 
Ht*w l e tt e r e4 approval is timely made. 

Statutory Authority G.S. 88-23. 

.0014 SCHOOL AFFILIATION WITH BEAUTY 
SHOPS AND OTHER BUSINESSES 

Beauty shops or any other business shall not 
be operated h+ connection v . ith beauty i . chool;' . 
0f coll e g e., . J4*4ef k+ 44 NCAC 44G 4K*4^ 
within the defined area of an_ approved bcautv 
school or college. Bcautv shops or any business 
operating adjacent to an approved heaut\ school 
or college shall be separated bv a solid wall, floor 
to ceiling, with a separate entrance. 

Statutory Authority G.S. 88-23. 

SUBCHAPTER 1411 -SANITATION 

.0012 CLEANLINESS OF CLINIC AREA AND 
SUPPLIES AND EQUIPMENT 

(a) The clinic area shall be kept clean. 

(b) Waste material shall be kept in suitable 
covered receptacles. The area surrounding the 
waste receptacles shall be maintained in a neat 
and sanitary manner. 

(c) Sanitation rules which apply to towels and 
cloths are as follow: 

( 1 ) Separate and clean towels shall be used for 
each patron. 

(2) After a towel has been used once, it shall 
be discarded and placed in a clean, closed 
container until properly laundered. 

(3) Clean towels shall be kept in a closed ca- 
binet, free from dust or dirt, until ready 
for use. 

(4) Chair cloths and shampoo aprons shall 
be kept clean and shall not be allowed to 



come in direct contact with the patron's 
neck. 

(d) The head rest of an operating chair shall 
be covered with a clean towel or other sanitary 
covering before being used. 

(e) At least six combs and brushes must be 
provided for each operator. All combs and 
brushes shall be thoroughly cleansed after each 
use in the following manner: 

They shall be cleaned with soap and hot 
water; 

They must be sanitized by being covered 
for 20 minutes in a five percent phenol, 
70 percent alcohol, and ten percent Lysol 
solution; Chlorine solution. 
They may be saniti/ed by being covered 
for 30 minutes in other saniti/ing sol- 
utions approved by the North Carolina 
State Board of Cosmetic Art Examiners; 
They must be removed from the solution 
and dried thoroughly with a clean towel 
and shall be in a closed container until 
used. 



(1 
(2) 

(3) 
(4) 



Statutory Authority G.S. 88-23. 

SUBCHAPTER 141 -OPERATIONS OF 
SCHOOLS OF COSMETIC ARE 

SECTION .0100 - RECORD KEEPING 

.0107 ENROLLMENT WITH STATE BOARD 
OFFICE 

(a) Matriculations shall be filed in the office of 
the North Carolina State Board of Cosmetic /Nat 
Examiners not later than 30 days after the stu- 
dent enrolls in school. If enrollment is not re- 
ceived within 30 days, a copy of daily time 
records are required. 

(b) Students who have not been properly en- 
rolled with the state board office will not be ac- 
cepted for the examination given by the board, 
and no hours will be credited by the board. 

(c) North Carolina State Board of Cosmetic 
Art Examiners statement of purpose for Cosme- 
tology Education shall be given to each student 
at time of enrollment. Receipt of this must be 
signed by student and returned along with the 
enrollment to the State Board Office. 4 1 1 North 
Blvd., Suite II. Raleieh, North Carolina 27604. 



Statutory Authority G.S. 88-23. 

.0109 GRADUATION 

(a) The manager of each school shall compile, 
from the school records, a summary of each stu- 
dent's grades, hours, live model performance 
completions, date of enrollment and last date of 
attendance which shall be presented to the stu- 



284 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



dent upon graduation or the last date of attend- 
ance. 

(b) This summary shall be signed by the man- 
ager, instructor, and student; and shall have the 
seal of the beauty school affixed. 

(c) L'pon graduation, this summary is to be 
mailed to the North Carolina State Board of 
Cosmetology Examiners address on a form fur- 
nished bv the board. 



Statutory Authority G.S. 88-23. 

SECTION .0300 - CLASSROOMS 

.0302 LIBRARY 

(a) A small library of reference books shall be 
made available for the students use, covering aH 
the major ethnic cultures. 

(b) In addition to the textbooks used, the li- 
brary shall contain a standard dictionary, a med- 
ical dictionary and any other books relative to all 
fields of Cosmetology. 

Statutory Authority G.S. 88-23. 

SUBCHAPTER 14.) - CURRICULUM 

SECTION .0100 - BEGINNERS' DEPARTMENT 

.0103 TIME REQl IREMENTS ACCORDING 
TO HOURS 

(a) The maximum time a student is allowed to 
stay in the beauty school in any one day shall be 
eight clock hours, and no more than 40 hours per 
week. 

(b) At no time shall a student be credited with 
more than eight hours in any one day and hours 
earned on one date cannot be credited to another 
day. 

(c) Each student must complete 1200 hours in 
an approved beauty school or college before ap- 
plying to the board for examination, except those 
students enrolled for the manicurist course only. 

(d) Each student shall spend 300 hours in the 
beginners' department before entering the ad- 
vanced department and shall not work on mem- 
bers of the public during this 300 hours. 

(e) Hours earned in the beginners' department 
shall be devoted to scientific study, sanitization 
and mannequin practice as outlined in 21 NCAC 
14.1 .0104 and .0105. 

(f) Manicuring practice in this department shall 
be done on the students enrolled in the school 
during the first 300 hours. 

Statutory Authority G.S. 88-23. 

.0106 EQUIPMENT FOR BEGINNERS 



The beginners' department shall be equipped 
with the following minimum equipment for every 
20 students in the department: 

(1) one manicure table and stool, 

(2) two shampoo bowls and chairs, 

(3) two hearing heating caps, 

(4) one mannequin with hair per student, 

(5) three marcel heaters, three electrical marcel 
curling irons, 

(6) one slide projector and slides, 

(7) one mannequin practice table to accom- 
modate at least ten students, 

(8) sufficient cold wave rods for each student 
in the department. a«4 

(9) Wr» i itoamor caps preying comb p#f stw- 

Statutory Authority G.S. 88-23. 
SECTION .0200 - ADVANCED DEPARTMENT 

.0204 COURSE WORK REQUIREMENT 

The course work done by advanced students 
shall be as follows: 

(1) lectures on scientific study-- 10 hours; 

(2) chemistry, as necessary to the practice of 
cosmetic art-- 10 hours; 

(3) anatony-- 10 hours; 

(4) bacteriology- 10 hours; 

(5) skin, scalp, hair, nails and their common 
disorders--20 hours; 

(6) grooming and personal hygiene--5 hours; 

(7) pin curling, finger waving, rollers and 
combing--25 hours; 

(8) electrical marcel curling iron and blow 
dryers--20 hours; 

(9) permanent waving, marcelling, croquignole 
or hair relaxing— 35 hours; 

(10) hair coloring and bleaching— 25 hours; 

(11) salesmanship-- 10 hours; 

(12) manicuring-- 10 hours; 

(13) cosmetics-- 10 hours; 

( 14) scalp treatments-- 10 hours; 

( 1 5) roller placement and pin curl placement 
and directional waving for design-- 10 hours; 

(16) wig care and styling-- 4-0 2 hours; 

( 17) frosting and streaking-- 10 hours; 

(18) professional ethics-- 10 hours; and 

(19) sanitation and sterilization- -20 hours. 

Statutory Authority G.S. 88-23. 

.0205 LIVE MODEL PERFORMANCE 
REQl IREMENTS 

(a) The following live model performance 
completions shall be done by each student in the 
advanced department before the student is certi- 



NORTH CAROLINA REGISTER 



285 



PROPOSED RULES 



fied to tlic North Carolina State Board of Cos- 
metic Art Examiners for the examination: 

( 1 ) hair and scalp treatments--30 hours -- 15 
performance completions; 

(2) hairstyling and shampooing- 200 hours 
-- 150 performance completions; 

(3) tinting and bleaching— 50 hours -- 6 per- 
formance completions; 

(4) frosting and streaking— 20 hours -- 4 per- 
formance completions; 

(5) temporary rinses-- 10 hours — 20 per- 
formance completions; 

(6) semi permanent rinses--5 hours -- ? 4 
performance completions; 

(7) cold permanent waving— 150 hours -- 444 
20 performance completions; 

(8) marcelling, croquignolc and permanent 
relaxing— 35 hours-- 15 performances; 

(9) facials, massages, packs, eyebrow arch- 
ing-- 15 hours -- 10 performance com- 
pletions: 

(10) lash and brow tinting-- 10 hours -- 4 per- 
formance completions; 

(11) manicuring and hand and arm massage- 
-20 hours -- 444 20 performance com- 
pletions; 

(12) hair shaping— 100 hours -- 25 perform- 
ance completions; and 

(13) wig care and styling-- QA 4 hours -- 444 2 
performance completions; and 

(14) electrical marcel curling iron and blow 
dryers— 10 hours-- 10 performances. 

(b) Certification of these live model perform- 
ance completions will be required along with the 
application for the examination. 



.0206 KQl IPMENI IN ADVANCED 
DEPARTMENT 

The advanced department shall be equipped 
with the following minimum equipment: 

( 1 ) four manicure tables and stools, 

(2) eighteen dryers and chairs. 

(3) eight shampoo bowls and chairs. 

(4) three heating caps or one conditioning ma- 
chine, 

(5) thirty dressing tables and styling chairs, 

(6) three facial chairs, 

(7) »4* three marcel heaters, 

(8) marc e l iron -, f-t+f each stud e nt unrolled, three 
marcel irons, and 

(9) sufficient cold wave rods for each student 



.0305 TEACHING PROGRAM (REPEALED) 
Statutory Authority G.S. 88-21 { 16). 

SUBCHAPTER I4L - TEACHING STAFF 
SECTION .0100 -TEACHER EXAMINATIONS 

.0101 QUALIFICATIONS 

No person shall be eligible to take an examina- 
tion to be certified as a teacher of cosmetic arts 
unless he or she has the following qualifications: 

( 1 ) at least five years experience as a registered 
cosmetologist practicing cosmetic art in a 
beauty shop immediately prior to applving 
for examination; and 

(2) is a licensed cosmetologist who has prac- 
ticed as a registered cosmetologist in an ap- 
proved beauty salon at least six months and 
has completed at least 400 hours of teacher 
training in an approved beauty school or 
college, consisting of the following: 

(a) to 200 hours orientation unit planning, 
daily lesson planning and clinic manage- 
ment planning all under the supervision 
of a licensed instructor; 

(b) 200 to 400 hours to be used by the trainee 
in conducting theory classes, practical de- 
monstrations and clinic management un- 
der the direct supervision of a licensed 
instructor; 

(3) must be registered with the board before 
entering the teacher training program and a 
copy of his her high school diploma must 
be attached to the enrollment; 

(a) Under no condition are hours for credit 
retroactive prior to registration with the 
board; 

At no time shall the trainee do clinical 
work in the school; 

must comply with present regulations re- 
quiring a high school diploma or equiv- 
alency; 

must pay ten dollars ($10.00) license fee. 
All teachers taking the State Board Exam- 
ination will be required to take both cultures 
before being issued a license; 
(7) After an applicant has taken the State 
Board Teacher's Txamination and failed 
twice, he she shall be required to enroll in 
the 400-hour Teacher Training P rogram and 

rade of 85 



(b) 

(4) 



(5) 
(6) 



enrolled in the department. 



Statutory Authority G.S. 88-23. 



SECTION .0300 - COMBINED STUDIES 



pass the examination 
percent. 



with 



Statutory Authority G.S. 88-23. 

.0105 CONTINUING EDUCATION FOR 
COSMETOLOGY TEACHERS 



2S6 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



"A teacher has two years to complete 16 hours 
of Continuing Education to renew his/her li- 
cense." 

Statutory Authority G.S. 88-23. 

SECTION .0300 - COSMETOLOGY MANAGER 

.0301 COSMETOLOGY MANAGER 

The curriculum for a cosmetology manager 
shall be as follows: 

(1) Supervisory Responsibilities 

(a) Hiring and Training — 9 hours 

(b) Public Relations -- 8 hours 

(c) Employee Discipline -- S hours 

(2) Business Management 

(a) Banking -- 3 hours 

(b) Basic Bookkeeping -- 24 hours 

(c) Payroll -- 10 hours 

(d) Salaries and Commission -- 12 hours 

(e) Appointment Scheduling — 8 hours 

(f) Inventory - 7 hours 
(i) Control 

(ii) Purchasing 
(iii) Merchandising 

(g) Advertising -- 2 hours 
(h) Insurance -- 2 hours 

(i) Laws and Permits -- 2 hours 

(j) Telephone Techniques -- 1 1 hours 

(k) Salon Floorplanning -- 3 hours 

(3) Health and Public Safety 

(a) First Aid -- 8 hours 

(b) Accident Prevention -- 2 hours 

(c) Fire Codes -- 2 hours 

(4) Advanced Hair Coloring 

(a) Indepth Haircoloring — 39 hours 

(i) Corrective Haircoloring -- 17 hours 
(ii) Advanced Color Formulas -- 7 hours 
(iii) I^ws of Color -- 7 hours 

(5) Advanced Restructuring 

(a) Advanced Wave Techniques -- 27 hours 

(b) Advanced Straightening Techniques -- 22 
hours 

(c) Advanced Relaxing Techniques -- 8 hours 

(6) Advanced Cosmetology 

(a) Advanced Hair Analysis -- 6 hours 

(b) Advanced Hair Shaping -- 34 hours 

(c) Advanced Thermal Techniques -- 6 hours 

(d) Advanced Blow Waving -- 6 hours 

TOTAL HOURS: 300 

Statutory Authority G.S. 88-5. 

TITLE 23 - DEPARTMENT OF 
COMMUNITY COLLEGES 



ISotice is hereby given in accordance with G.S. 
150B-12 that the State Board of Community 
Colleges/ Department of Community Colleges in- 
tends to amend regulations cited as 23 NCA C 2D 
.0101; and 23 NCAC 2E .0602. 

J he proposed effective date of this action is No- 
vember 1, 1988. 

1 he public hearing will be conducted at 1:00 
p.m. on August 10, 1988 at Fourth Floor, Room 
401 A, Caswell Building, 200 West Jones Street, 
Raleigh, North Carolina 27603-1337. 

Comment Procedures: A ten-minute time limit 
per person may be imposed for oral presentations. 
The number of persons making oral presentations 
may be limited in order to stay within the time 
available. Indhiduals who plan to make oral 
presentations must submit their remarks in writing 
to the hearing officer. This procedure will assist 
the hearing officer in organizing and reporting in- 
formation to the SBCC. Written statements not 
to be presented at the hearing should be directed 
to Dr. C. Neill McLeod, Hearing Officer, De- 
partment of Community Co/leges, 200 West Jones 
Street, Raleigh, N.C.' 27603-1337 by August I, 
1988. 

CHAPTER 2 - COMMUNITY COLLEGES 

SUBCHAPTER 2D - INSTITUTIONS: FISCAL 
AFFAIRS 

Editor's Note: Upon review by our staff of the 
history files for this Subchapter, we have discov- 
ered that numbering errors in filing during 1976 
and 1977 have resulted in improper publication 
in the Code. Upon request for certified copies 
of rules within this Section, only the correct rule 
will be certified and, in order to insure clarifica- 
tion, all related materials and forms will be at- 
tached. 

SECTION .0100 - SALARIES 

.0101 ESTABLISHING PAY RATES 

(a) The monthly and annual salaries or hourly 
rates of pay from state funds for full-time and 
part-time personnel in institutions shall be es- 
tablished by the president of the institution with 
the approval of the board of trustees of the insti- 
tution within the line item budget approved for 
the institution by the state board and in accord- 
ance with the regulations approved by the state 
board, except that the state funded portion salary 
of the president of an institution shall be ap- 
proved by the State President in accordance with 



NORTH CAROLINA REGISTER 



287 



PROPOSED RULES 



the state salary schedule. Salary increases shall 
be granted annually or upon promotion to a 
higher position. Legislative increases shall be 
granted according to requirements set forth by 
the General Assembly. The state board shall 
adopt a minimum and maximum amount of state 
funds which may be paid to any individual 
working in an institution. In lieu of a salary ta- 
ble, the minimum and maximum amounts shall 
be based on the lowest and highest amounts used 
in the 1980-S1 fiscal year and will be increased in 
subsequent years based on actions of the General 
Assembly. Individuals shall be paid between the 
minimum and maximum amounts at a level de- 
termined by the salary approving authority at the 
local institution. 

(b) All hourly, monthly, and annual salaries for 
full-time or part-time personnel shall be certified 
by the president of the institution and reported 
to the department. 

(c) Administrative procedures, forms, and reg- 
ulations for the implementation of the above 
policies shall be developed by the Department. 

(d) The State President shall determine, based 
on the following criteria, the proper placement 
of newly-hired presidents on the state salary 
schedule. Fxtraordinary cases which cannot be 
determined based on these criteria shall be sub- 
mitted to an evaluation board consisting of a 
trustee, a president, and a state board member for 
determination of placement; but in no case may 
this placement be above step three for that size 
institution. The evaluation board shall be ap- 
pointed by the state president. 

(e) President ;' salane'L i a*e iV ' tahlu . hod according 
t-t* institutional *¥ w*4 year.) ±4 acceptable' e*- 
pene ' nce' *4 t+h* indis iduul: All Presidents salanes 
shall be established according to the following 
criteria: Presidents employed on June 30. 1 9SS 
shall be treated as new hires for the purpose of 
establishing paw Instit utional size and vears of 

experience 



shall determine their 



acceptable 

placement on the Salary Schedule for Presidents 



(1) 
(2 



New presidents without administrative 
experience shall be placed on step zero. 
) Salary increments shall be allowed on the 
State Salary Schedule for Presidents in the 
Community College System based on 
full-time administrative services for the 
following categories: 

(A) Increments for prior experience as a 
president in the North Carolina Commu- 
nity College System or other in-state or 
out-of-state post-secondary institution 
shall be allowed on a year for year basis. 

(B) Public school superintendents and first 
line administrators of post-secondary in- 
stitutions may be given increment experi- 



ence on the Presidents' Salary Schedule 
of one increment for five or more years 
of such experience. Furthermore, when 
applicable, first-line administrators from 
within the North Carolina Community 
College System may be placed on the Sa- 
lary Schedule for Presidents at the next 
higher step based on his current salary 
paid from state funds. 
(C) Anv year in which the General Assem- 
bly tails to allow a step increment on the 
Salary Schedule for Presidents, shall be 
considered a freeze year and no increment 
shall be allowed for that year for anv Pre- 



sident 
(D) Presidents who were employed prior to 
July _h 19SS, shall be allowed acceptable 
experience under the criteria in effect at 
the time of their initial employment unless 
the current criteria is more beneficial to 
them. 

Statutory Authority G.S. 1I5D-5; 115D-54. 

SUBCHAPTER 2E - EDUCATIONAL 

PROGRAMS 

SECTION .0600 - VOCATIONAL CURRICULUM 

.0602 INSTRUCTIONAL CONTRACT 
PROVISIONS 

(a) Each institution is to assess its own need to 
provide instructional services by contracting with 
other public or private organizations or insti- 
tutions, pursuant te- 6* 1 15D 20(6). Any 
curriculum instructional program or course in- 
tended to be offered by contract must be sub- 
mitted to the State President for approval. This 
policy does not apply to contracts between an 
institution and its individual instructors. 

(b) Any curriculum contract entered into by 
the local board of trustees of an institution pur 
1' i uant te G.S. 1 15D 20(6) tm4 tht* provisions) ef 
th+s- policy must meet the following general cri- 
teria: 

(1) A contract document in proper legal form 
is necessary" in all cases and v4U shall be 
drawn up by the institution consistent 
with the requirements of the local board 
of trustees, the public or private organiza- 
tion or institution being contracted with 
and the State Board's criteria. 

(2) The contract shall be limited to and not 
exceed the fiscal year in which it begins. 

(3) I he provisions for payment under con- 
tract shall not exceed usual and customary 
costs associated with the contracted in- 
struction. 



288 



AORTH CAROLINA REGISTER 



PROPOSED RULES 



(4)(4j The contract shall provide that the in- 
stitutional personnel shall have the right 
to supervise the educational program of- 
fered by the public or private organiza- 
tions or institutions to the extent 
necessary to ensure the quality of the in- 
structional program. 

(5) f44 The contract shall provide that the in- 
stitution, the Department and the State 
Auditor shall have access to the records 
of the contractor to the extent necessary 
to ascertain the accuracy of such records 
and shall authorize the Department to 
obtain such fiscal accounting reports as 
are necessary in carrying out the terms of 
the contract. 

(6)(-§-^ Curriculum courses taught under con- 
tract shall be limited to programs the in- 
stitution has been authorized to offer. 

(7)ffo The contract shall stipulate that stu- 
dents taught under the terms of the con- 
tract shall pay the same fees charged other 
students in similar programs in the insti- 
tution, which fees shall be deposited in 
like manner as other fees. No tuition or 
fee charges shall be collected by the public 
or private organizations or institutions 
from students taught under such contracts 
unless specified by the contract. 

(S)f7f The contract must be signed by the 
chairman of the board of trustees, presi- 
dent of the institution and a representative 
of the public or private organizations or 
institutions. 

fS) When approved by lk& local board ef 
trustees a«4 At* public e* private urgun 
i/utions w institution! ! , t4r«* contract doc- 
ument shall b*» submitted to tot* State 
President to? information to quality fop 
reimbursement tof state »f federal funds. 

{^j After a contract is submitted ft** informu 
titm to toe Stat e President. to* Depart 
ment i* authorized to approve tht» 
institution's budget fef contracted m- 
structionul services if t+n* r e quirements to 
Subparagraph (b)(1) have been m<4 by Uw 
contractor. 
(c) In addition, the following provisions shall 
apply specifically to curriculum contracts with a 
proprietary or private non-profit institution or 
public agency. 

(1) The proprietary or private non-profit in- 
stitution with which the contract is made 



must be licensed as required by the Gen- 
eral Statutes of North Carolina and must 
have maintained the licensure for a mini- 



mum of two years to offer the instruction 
desired. 

(2) If federal funds are to be used to pay for 
instruction provided under the conditions 
of the contract, the proprietary or private 
non-profit institution must meet the re- 
quirements of the Private Vocational 
Training Institution, a* stated it* Appen 
d+* A ef- Titl e 45 &f to* I'odoral Register 
Volume 43j Number +4W- (October 3r 
¥m>, m 244 **&G 3444- £*}, 

fr44 T4*«* proprietary m- private non profit it*- 
stitution must 1** to compliance wtto T-t- 

tltv. \ ' I 1 1 a 1 1 3 r T \ t^i- thn I i'iIit il dul] I2_Liiliij. 

11L.I ^ T CTTTO T IT rTT 111!. 1 I !. !J !_ 1 U 1 ! I I 1 | | V 1 1^1 1 I J 

A+Jt e+" 1%1, Tt4e 44^- ef tot* bducational 
Amendments ef 1072 crt*4 Section 5x44 p&- 

■■ n l.i t iiin-. a£ thn H- m dii - in r nsl i -' a£ UJ"?"! 

(d) The chief executive officer of the proprie- 
tary or private non-profit institution, or his des- 
ignated agent , must sign a certification statement 
that the program in question, facility, or contract 
for services to students, will be open without re- 
gard to race, age , color, creed, sex, political affil- 
iation, or handicapping conditions. 

(e) fd-4 Public or private colleges or universities 
must be licensed as required by the General Sta- 
tutes of North Carolina to offer the instruction 
desired if entering into a contract to provide in- 
structional services with the board of trustees of 
an institution. 

(f) to) Institutions shall earn reimbursement on 
the regular formula budget for student member- 
ship hours generated by instruction under con- 
tract except that cosmetology instruction offered 
under contract shall be funded for instructional 
units at the occupational extension formula rate 
and for instructional support and administration 
a\ the curriculum formula rate. 

(g) Approval Procedure. When approved by 
the local board of trustees and the public or pri- 
vate organizations or institutions, the contract 
document shall be submitted to the system Pres- 
ident who is authorized to approve the insti 



tution's budtzet for the contracted instructional 



(£L 



services if the requirements ill Paragraphs (b) 
(d), and (e) of this Rule have been met. 



Statuton' Authority G.S. 1 15D-1 through I ISD-5; 
1I5D-18; 115D-20(6); P.L. 9S-524; PL. 88-352. 



NORTH CAROLINA REGISTER 



2S9 



NC AC INDEX 



title/major divisions of the north carolina administrative code 
hut: department 



i 

2 

3 

4 

5 

6 

7 

8 

9 
10 
II 
12 
13 
14A 
15 
16 
17 
IS 
19A 
20 
*21 
22 

23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

I abor, Department of 

Crime Control and Public Safety, Department of 

Natural Resources and Community Development, Department of 

Education, Department of 

Revenue, Department of 

Secretary of State, Department of 

Transportation, Department of 

Treasurer, Department of State 

Occupational I icensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Housing linance Agency 

State Personnel, Office of 

Administrative Hearings, Office of 



NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 



2 

4 

6 

8 

10 

12 

14 

16 

IX 

20 
21 
22 
26 
28 
31 
52 
53 
M 
36 
37 
38 
40 
42 



Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners, Board of 

Chiropractic Examiners, Board of 

Contractors, I icensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners, Board of 

Flectrical Contractors, Board of Examiners of 

Poresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and litters Board 

I andscape Architects, licensing Board of 

I andscape Contractors, Registration Board of 

Martial & Eamily Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Therapists, Board of 

Opticians, Board of 

Optometry 7 , Board of Examiners in 



290 



NORTH CAROLINA REGISTER 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors. Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NORTH CAROLINA REGISTER 291 



CUMULA TIVE INDEX 



CUMULATIVE ISDEX 

(April 1988 - March 1989) 



1988 - 1989 

Pages Issue 

1 - 25 1 - April 

26 - 108 2 - April 

109 - 118 3 - May 

119 - 145 4 - May 

146 - 184 5 - June 

185 - 266 6 - June 

267 - 294 7 - July 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FD1 - Einal Decision I etters 

I R - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

1 RA - List of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATION 

Auxiliary Services, 270 PR 

Departmental Rules, 270 PR 

State Construction. 187 PR 

Youth Advocacy and Involvement Office. 148 PR 

ADMINISTRATIVE HEARINGS 

Hearings Division, 76 PR 

AGRICULTURE 

Eood and Drug Protection Division, 271 PR 

COMMERCE 

Alcoholic Beverasze Control Commission. 276 PR 
Milk Commission, 120 PR. 190 PR 

COMMUNITY COLLEGES 

Community Colleges, 287 PR 



292 NOR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



CRIME CONTROL AND PUBLIC SAFETY 

Alcohol I.aw Enforcement, 47 PR 

ELECTIONS 

State Board of Flections, 120 PR 



EXECUTIVE ORDERS 






Executive Orders 68 - 


71, 


1 EO 




72, 


119 EO 




73, 


146 EO 



FINAL DECISION LETTERS 

Voting Rights Act, 5 EDL, 26 FDF, 185 EDL, 267 FDL 

HUMAN RESOURCES 

Division of Aging, 229 PR 

Drug Commission, 113 FR 

Health Sen ices, 7 PR, 220 PR 

Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR, 237 PR 

Office of the Secretary, 31 PR 

Social Services Commission, 27 PR 

INDEPENDENT AGENCIES 

Housing Finance, 21 PR, 134 PR, 255 PR 

INSURANCE 

Agent Services, 238 PR 

Fire and Casualty, 32 PR 

Fire and Rescue Services Division, 122 PR, 149 PR 

LICENSING BOARDS 

Cosmetic Art Examiners, 283 PR 

CPA, 73 PR 

Examiners of Electrical Contractors, 151 PR 

Hearing Aid Dealers, 77 FR 

LIST OF RULES AFFECTED 

April 1, 1988, 102 ERA 
May 1, 1988, 137 ERA 
June 1, 1988, 260 ERA 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 11 PR, 67 PR, 254 PR, 281 PR 

Community Assistance, 69 PR 

Environmental Management, 241 PR, 278 PR 

Forest Resources, 68 PR 

Marine Fisheries, 62 PR 

Soil and Water Conservation, 111 PR 

Wildlife Resources and Water Safety, 111 PR, 282 PR 

REVENUE 

License and Iixcise Tax, 113 FR 
Motor Fuels Tax, 258 FR 

SECRETARY OF STATE 

Securities Division, 125 PR 



NORTH CAROLINA REGISTER 293 



CUMULA TIVE INDEX 



STATE PERSONNEL 

State Personnel Commission, 135 PR 

STATE TREASURER 

Local Government Commission, 18 PR 

TRANSPORTATION 

Division of Motor Vehicles, 172 PR, 258 PR 



294 NOR TH CAROLINA REGIS TER 



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15 
15 
15 
15 
15 
15 
16 
17 
17 
18 
19 
20 
21 
21 
21 
22 

23 
24 
25 
26 


1 - 12 
1 - 6 
7 

8 - 15 
1 - 11 

1 - 2 
3 - 6 
7 

8- 9 
10 

11-22 
1 - 6 
1 - 6 
7 - 11 
1 - 7 
1 - 6 
1 - 9 
1 - 16 
17-37 
38 - 70 

1 . 1 

1 . 2 
1 - 4 


Justice 

I^abor 

OS HA 

I abor 

Crime Control and 

Public Safety 

NRCD (includes EMC) 

NRCD 

Coastal Management 

NRCD 

Wildlife 

NRCD 

Education 

Revenue 

Revenue 

Secretary of State 

Transportation 

Treasurer 

I icensing Boards 

licensing Boards 

Licensing Boards 

Administrative Procedures 

Community Colleges 

Housing finance 

State Personnel 

Administrative Hearings 


90.00 
30.00 
45.00 
45.00 

45.00 
90.00 
45.00 
45.00 
30.00 
45.00 
60.00 
30.00 
75.00 
60.00 
30.00 
90.00 
45.00 
75.00 
75.00 

75.00 
10.00 
10.00 
60.00 
10.00 

Total 






30 






31 






32 






33 






34 






35 






36 






37 






38 






39 






40 






41 






42 






43 






44 






45 






46 






47 






4S 






49 






5(1 






51 






52 













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